A South Portland man who says he was threatened with arrest by federal immigration officials last week has filed notice of his intent to sue ICE and the U.S. Department of Homeland Security.
Robert Peck is alleging their actions violated his First Amendment rights to document and observe the agents conduct "Operation Catch of the Day," a recent immigration enforcement initiative launched by ICE in Maine.
Peck, a 67-year-old U.S. citizen, said on Jan. 22 he observed ICE agents at a Mexican restaurant across the street from his apartment and followed them to an ICE facility in Scarborough.
That's when he says the two agents stopped and approached his car. They told him he was impeding federal law enforcement by following them and he says they threatened to arrest him even though he says he kept a "safe and respectful distance from their vehicle."
Peck recorded the interaction which is now posted online.
The video shows agents asking Peck if he was following them. Peck replies "yes" which agents say is him admitting to impeding with federal law enforcement.
The agents cite a federal statute before Peck explains he was "observing" not "impeding."
One agent says, "if you keep doing it, we'll pull you back out and arrest you."
"I felt at that point that I was extremely close to physical danger and in a context of no accountability, absolute immunity and retribution," Peck said.
In a copy of his notice to sue ICE and the U.S. Department of Homeland Security, Peck says the agents' actions were in retaliation for "his protected First Amendment activity." He plans to ask for $7.5 million in damages.
Peck's attorney David Webbert says the agents caused his client emotional harm and trauma. The notice says Peck can't "drive his car without fear of violent and sudden arrest."
"He thought, if they ever see him again, they could easily kill him," Webbert said.
Under the Federal Tort Claims Act, the Department of Homeland Security has 6 months to respond before a lawsuit can be filed in U.S. District Court.
Peck's intent to sue comes after Gov. Janet Mills and Maine Attorney General Aaron Frey demanded that the Trump administration release the names and alleged offenses of everyone arrested during the crackdown.
To date, the Department of Homeland Security has only publicly identified about a dozen of the more than 200 people that the agency says have been arrested in Maine.
